The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-03-09
A Long Stride in the Right Diree-
tim.

Lung StAAAc Al tnO LIZ ~ INV
tion.
The bill TO regulate the jurisdiction of
he Circuit Courts of the United States
which was approved by the President
March 4, is as full of good things Is an
egg is of meat. 1t is reform bill and
it reforms abuses of long standing and
steady growth.
There are few persons who will be
affected by the bill, and
there are others who look with concern
upon any measure curtailing the fair
Of the Federal courts, be
cause of their want of faith in home
rule, but these need scarcely be con-
sidered in estimating the great benefits
which it eonfers upon the masses.
In the first place the bill limits the
jurisdiction Of the circuit courts to
suits where the amount in controversy,
exclusive of interest and costs, is as
much as $4,000. The present jurisdic-
tional limit is $500 This provision forces
all suits where the amount in contro-
versy is less than $4,000, exclusive of
interest and costs, into the State courts,
which will be great convenience and a
great saving of expense to witnesses,
litigants and attorneys.
Another provision denies to plaintiff
who has sued in State court the privi-
lege of removing his cause to Federal
court. Until now plaintiff could re-
move his cause from a State court on
filing an affidavit setting forth that there
was prejudice and local influence which
would deprive him of a fair trial
Whether the affidavit was true or false
made no difference. Under this state OF
the law it has been the common practice
to sue in the State courts and then file
the affidavit and prayer for removal
This practice was specially convenient
in cases of attachment. Now a plain
tiff must decide, once for all, before he
brings his suit, whether he will bring il
in the State or the Federal court.
1t is also provided that defendant
may not remove cause from the State
court on account of prejudice or loca
influence merely by filing an affidavit
The affidavit may be traversed and al
issue of fact raised to be determined by
the court. And even though the aft
davit be true, if the laws of the State
provide for a change of venue unde
such circumstances, removal to tn,
Federal court is not lawful if fair tria
may be had in another State court.
The provision of the judiciary act o
1889 which denied to an assignee the RICH
to sue unless his assignor had such RICH
is re-enacted; and, in addition, to NEE
| the decisions of the courts, the holder O
an instrument payable to bearer ma,
not sue on the ground that he is al
original holder, except the instrumen
qe made by corporation. This pre-
hibits frauds upon the Jurisdiction o
the court by the easy process of assign
ment.
| The oft-repeated assertion of the do,
trine that Receivers of the Fedora
courts are superior to State laws ha
called forth a sufficient legislative pre-
test in the shape of a provision tina
requires all Receivers of railroads, an(
other Receivers, as well, to operate tn
property entrusted to them according t
the laws of the State in which the pror
erty may be located, as the owner
would be required to operate it.
And Receiver may be sued in re
spect to the business of his receivership
without leave of court, just as the owne
might be.
Another provision authorizes suit
against National Banks as if they wer
citizens of the States in which they ar
| located.
And still another provision prohibit
the judges of the circuit courts from
appointing as clerks persons connected
with them either by the ties of affinit,
or consanguinity, even unto the thirc
degree.
1t is estimated that the effect of thi
legislation will be to transfer from tn
| United States court in this district t,
the several State courts at least 80 pc
cent. of its present civil business. l
this estimate is correct it is easy to Sc,
that it will confer great benefits upol
the people.
Senator George, at whose instanc
several of the valuable provisions re
ferred to were incorporated in the Hous,
bill, was thoughtful enough, befor,
leaving Washington, to mail Tue CLAIR
ION copy OF the bill as it passed boil
Houses; but this copy has miscarrieC
and we state its contents as they wer,
| CT tod 70,